Answers from Local Attorneys
Frequently Asked Questions
Straight answers from our attorneys to the questions we hear most from families in Odessa, Midland, and the Permian Basin.
How much does a divorce cost in Odessa, TX?+
Court filing fees in Ector County are approximately $350. Attorney fees depend on whether your divorce is uncontested (flat-fee options available) or contested. We offer consultations, transparent pricing, and payment plans for families throughout the Permian Basin.
How long does a divorce take in Texas?+
Texas requires a minimum 60-day waiting period after filing (TX Family Code §6.702). Uncontested divorces in Ector and Midland counties typically finalize in 60–90 days. Contested cases involving custody or property average 6–12 months.
Can I get divorced if my spouse refuses to sign?+
Yes. Texas is a no-fault state and your spouse's consent is not required. If they don't respond to the petition, the court can grant a default divorce. If they contest it, the case proceeds — but the divorce will still be granted.
Do I need to prove fault to get divorced in Texas?+
No. Most Texas divorces are granted on "insupportability" (no-fault). However, proving fault like adultery or cruelty (§6.003) can earn the innocent spouse a larger share of community property.
Who gets custody of children in Texas?+
Texas courts decide based on the best interest of the child (§153.002) with a presumption of joint managing conservatorship. There is no legal preference for mothers — judges look at who has been the primary caregiver, home stability, and any history of family violence.
At what age can a child choose which parent to live with?+
A child never decides alone before 18. But from age 12, the judge must interview the child privately if a parent requests it (§153.009). The child's preference is an important factor, though the judge makes the final call.
What if the other parent won't follow the custody order?+
Document every denied visit (show up at the scheduled time and place), then file an enforcement action under Chapter 157. Courts can order make-up visitation, contempt (up to 6 months jail per violation), and attorney fees against the violating parent.
How is child support calculated in Texas?+
Texas uses fixed percentages of the paying parent's net monthly income: 20% for 1 child, 25% for 2, 30% for 3, 35% for 4 (§154.125). Net income includes overtime, bonuses, and oilfield per diem — not just base pay.
How long does child support last in Texas?+
Until the child turns 18 OR graduates high school — whichever happens later. Support can continue indefinitely for a child with a substantial disability that existed before age 18 (§154.302). Unpaid arrears never expire and accrue 6% interest.
Do you speak Spanish? / ¿Hablan español?+
Yes — our entire team is bilingual. Your whole case, from the consultation to the final hearing, can be handled completely in Spanish. Sí, todo su caso puede llevarse completamente en español.
Does my immigration status affect my family law case?+
No. Texas family courts do not require legal immigration status for divorce, custody, or child support, and they do not report to immigration. Your rights to your children and community property are the same.
Which counties do you serve?+
We serve the entire Permian Basin from our Odessa office: Ector, Midland, Andrews, Ward, Winkler, Crane, Martin, Howard, Reeves, Upton, and Loving counties — including Odessa, Midland, Andrews, Big Spring, Pecos, Monahans, and surrounding communities.